Houston, Harris County Weapons Cases, UCAW, Possession of Weapon > Recent Case Results

FELON IN POSSESSION OF WEAPON / TAMPERING WITH SERIAL NO.
Case No. 61448 – Deandre J. [Brazoria County]
REDUCED TO MISDEMEANOR – WEEKEND INMATE COMMUNITY SERVICE November 8, 2010
Deandre drove to the scene of a fight in which relatives were involved to try to stop it. When police arrived they claimed they observed him throw a 9 mm handgun under his car. Our defenses included that there was no possible way the officer could have observed this; Deandre was on the other side of the vehicle and we had several witnesses to testify to this. We posited that among the many people involved, most of whom ran, it is likely that one of them threw the gun that was indeed found beneath Deandre’s car. Further, ownership could not be traced as the serial no. had been defaced and police handled it without gloves. We filed our Trial Motions, including for a Full Inspection and Photographing of the Crime Scene [to prove police were lying] and subpoenaed all relevant witnesses. On the eve of Trial Mr. Haggard brought to fruition a potential misdemeanor reduction he had been hammering on the DA for, in the wings so to speak, in case Deandre wanted to forego the risks of a trial. This deal we wrenched from the Asst. D.A. was unbelievable. But Mr. Haggard was not about to let them withdraw it on those grounds, as Deandre had decided to accept it. The coup de grace in this case was the DA’s demand that Deandre surrender the weapon. Our response? It wasn’t his to surrender….!

In the past I’ve been burnt by a number of attorneys, paid them thousands of dollars and had no results other than time in prison… But Carl Haggard went in there and did his job. I was facing up to ten years. He’s the best attorney I’ve hired.
~ Deandre J.

FELON IN POSSESSION OF WEAPON
Case No. 1332455 – Jeremy S.
GRAND JURY NO BILL February 29, 2012
Jeremy was a convicted felon pulled over without probable cause while driving a car with out of state plates.  He was questioned regarding whether he had been smoking marijuana as police claimed without evidence they saw marijuana on the floor of his vehicle and then used this to leverage an illegal search of a locked glove compartment where a white powdery substance they claimed was cocaine – again without evidence – was found along with a loaded gun.  Jeremy made statements to police to the effect that the vehicle was not his and that he was unaware of the contents of the glove compartment.  He was charged with PCS and the gun.  He hired us prepared to take a fine and time served if that was the best we could do.  We made no promises but did our research, gathered pertinent evidence and witness Affidavits regarding ownership of the vehicle and the background on the gun and forcefully argued our case to the DA’s.     It was then take to the Grand Jury where we won a No Bill.   

FELON IN POSSESSION OF WEAPON
Case No. 1293407  – Danny E.�
DISMISSED August 25, 2011
Danny was a known street gang member charged with Felony POM after a second “no- knock” search warrant raid on his house by HPD’s North Narcotics Enforcement Unit. Police dressed in tactical ballistic clothing and a certified narcotics canine found 30 marijuana plants in cuts and stalks and a grow lab in the room of a co-defendant after breaking the window and throwing in an N.F.D.D.  [“flash bang” device].  The no-knock warrant and diversionary device were on account of the mounted cameras at the premises, the violent criminal history of the occupants and their known gang affiliation, narcotics trafficking and weapons possession.  HFD also came with metal cutters to open the gun safe. The safe contained no contraband but two readily-accessible loaded guns were in plain view.  Over 2000 rounds of ammunition were confiscated and tagged into evidence.  The Affidavit for the Search Warrant was produced based upon the second of two previous investigations during which “grow lab” paraphernalia, cultivation, drying and several disabled vehicles used to store marihuana were observed.  We attacked the Search Warrant in every way legally possible.  The Search Warrant was briefly flashed after forced entry into the home and no copy was left at the premises; we also took issue with the stated locations, states and occupants of the various rooms and windows in and through which contraband was allegedly observed as stated in the warrant.  Scene and inside photographs were used where appropriate.  Danny and his brother were arrested on the felony POM case and Danny was additionally charged with Felon in Possession of a Weapon based on his prior felony conviction for Possession of Body Armor.  [We also got this Harris County Felony POM charge dismissed.]   All three cases were hotly contested by us.  Numerous Pre-Trial Motions and medical records with Affidavit, where appropriate, were filed on all three cases.  (Danny was also charged with a third case of Aggravated Robbery while picked out of a live lineup on a two-year-old case while in custody.) 

“Mr. Haggard worked extremely hard on my three serious cases which also involved some relatives who were also charged but we had to have separate lawyers.  I have a record and I have seen many lawyers.  He’s by far the best lawyer I have ever seen.”  ~ Danny E. 

FELON IN POSSESSION OF WEAPON
Case No. 1269195 – Josh R.
DISMISSED September 2, 2010
Josh was on parole for Aggravated Robbery with Deadly Weapon when arrested for an SKS 15 rifle. He had been recently burglarized so he grabbed his cousin’s rifle to patrol his property after he heard a suspicious noise outside. A neighbor allegedly observed him with the rife and called police. We investigated and developed the problems we immediately saw with the allegations for the police search – Josh lives on five acres and thus his closest neighbor is quite distant; moreover, no one had seen and reported the recent burglary to his home so how likely was it that anyone really saw him patrolling his property on the subject incident; finally, when police arrived Josh was standing outside and the rifle – owned by Josh’s cousin, who we also proved was living there at the time – was inside a closet in the master bedroom. We aggressively pursued our defensive theories of lack of probable cause, lack of ownership of the rifle, and lack of a credible witness to Josh’s “possession” of it all the way to a Dismissal.

FELON IN POSSESSION OF A WEAPON
Cause No. 1168437 – Ramon Z.
DISMISSED February 9, 2009
[Case history and defense strategy were not archived in this case; Dismissal may be verified online through Harris County Clerk's office.]

FELON IN POSSESSION OF WEAPON
Case No. 1160114 – Manuel R.
REDUCED TO MISDEMEANOR, TIME SERVED
Manuel was an ex-con who had reformed his life and become the self-employed owner of his own transmission repair shop. During an unfortunate altercation with his wife, she called police and told them there was a gun in his truck. We did not back down from the Prosecution and were fully prepared to try this case to a Jury at Trial. On our first day in Trial, however, Manuel elected to accept the first reduction Mr. Haggard had obtained from Prosecutors. It is HLF’s policy always to allow the client to make the decision as to which way to go in decisions of this type. We give our opinion – based on decades of experience and familiarity with the judges and how juries typically view these types of cases. But in the end our clients make the decision.

I was facing two to ten years on this charge. Mr. Haggard really does what his business card states – “fight for you”. Carl Haggard is one of the strongest attorneys in this business. He kept my family intact. I’m grateful beyond words.
~ Manuel R.

FELON IN POSSESSION OF WEAPON
Case No. 1159998 – Sedric B.
DISMISSED
During an argument with his wife which was escalating out of control, our client’s mother-in-law called police and reported that there was a gun in the house. Mr. Haggard aggressively defended Sedric – with his lengthy criminal record, he could have gotten a lengthy sentence if convicted. Defenses to the case included that our client was never seen by police holding a gun in the house.

I’m an ex-con and everything seemed to be against me. Mr. Haggard fought hard for me and my family. I was looking at up to ten years in prison for something I didn’t do. Mr. Haggard was ready to go to Trial but got the case dismissed before that. He’s the guy you would want on your side!
~ Sedric B.

FELON IN POSSESSION OF A FIREARM – 3rd OFFENDER
Case No. 788,835 – Tony B.
DISMISSED ON DAY OF JURY TRIAL
Potential Verdict: 25 to 99 years or life. Mr. Haggard also successfully won the client’s parole revocation hearing.

I want to thank Mr. Haggard for helping me get a second chance in life, when it seemed like I was doomed. They charged me as an Habitual Criminal because of some cases years ago. Mr. Haggard put together documents and witnesses to show the pistol in the car I was driving was not mine.
~ Tony B.

FELON IN POSSESSION OF WEAPON, AGG ROBBERY DEADLY WEAPON
Case No.1010622 – Paul D.
DISMISSED ON DAY OF JURY TRIAL
Our client had recently been released from TDC when he was accused of being involved with a robbery while driving in a vehicle with 4 others; all 5 were arrested. Mr. Haggard exploited certain key weaknesses in the State’s cases and aggressively nailed home a Dismissal of both charges on the morning of trial. Paul’s family was ecstatic, since he had remained in jail throughout the pendency of the case on a high bond: Not being able to afford to both bond him out and hire a reputable attorney, his family had chosen to spend their resources on a successful trial attorney.

*Case Referred by NRA*
FELONY POSSESSION OF PROHIBITED WEAPON
Case No. 1113738 – Juan V.
DISMISSED
Our client had another attorney with whom he was not satisfied; the NRA referred him to Mr. Haggard. Juan was stopped on the way to the range to test-fire his AK 47 pistol, which he had bought in pieces and assembled. The gun was on the floor, not in arm’s reach, unloaded, with the chamber empty. Firearms officers maintained the gun was an SKS, not an AK-47. Using his expertise and knowledge of weapons and firearms law, Mr. Haggard was able to obtain a Dismissal: The barrel was 10 inches long so it was not a rifle, the AK-47 was registered as a pistol, has no way to attach a buttstock and no vertical foregrip, it’s not a machine gun but rather a semi-automatic, etc., and further met all the compliancies for pistols. A phone call to Carter’s Country regarding their policy on AK-47’s confirmed all of this as well.

I was referred to Mr. Haggard by the NRA. Mr. Haggard presented overwhelming evidence in my favor and my case did not go to Trial. I am very pleased with the outcome and the professionalism provided to me by Mr. Haggard.
~ Juan V.

UNLAWFUL CARRYING OF A WEAPON
Case No. 1564859 – Zaigham U.
DISMISSED February 4, 2009
Zaighamwas on foot after abandoning his wrecked vehicle. A friend’s gun was inside the vehicle. Zaigham secured it in his pocket and left the scene on foot. He flagged down an officer for help and immediately divulged the presence of the weapon, and the reason why he had it, but the officer overzealously charged him with unlawfully carrying a weapon.

UNLAWFUL CARRYING A WEAPON
Case No. 1452122 – William S.
DISMISSED
For Bill, the holder of a medical license registered with the State of Texas, a guilty plea was not an option. This case involved an unchained pit bull that had days earlier molested his wife in a frightening incident. On the day in question, needing to cross his street and observing the same pit bull roaming loose, he carried a gun with him for protection. Prior to this, he had called 911 for assistance yet a subsequent call to 911 by a witness automatically prejudiced the police, who spent several hours trying to obtain enough evidence for an Aggravated Assault charge. Failing this, he was arrested for carrying a weapon despite many mitigating circumstances in his favor. Using firearms law and carefully laying out the many circumstances – how our client carried the gun, why he had it out in the first place, where he carried it, all of the background leading up to the incident, witness and character statements including from retired military, among other legal defenses, Mr. Haggard won a Dismissal and protected our client’s medical license.

UNLAWFUL CARRYING A WEAPON
Case No. 1420047 – John M.
DISMISSED
John was stopped while transporting his unloaded gun to a safer location. The gun was found on the floor of the van. Using photos and several witness affidavits to show that the transport of the gun was connected with a larger move of our client’s furnishings, and that the reason for the transport of the gun was to make it inaccessible to children, as well as the law regarding the conditions under which one may carry a gun, Mr. Haggard was able to obtain a Dismissal.

UNLAWFUL CARRYING A WEAPON
Case No. 1321478 – Devon W.
DISMISSED
Devon had a prior criminal history and a pending case at the time of his arrest on this weapons charge. After a minor accident, police discovered a gun with a clip in our client’s trunk which a friend had put there without our client’s knowledge. Mr. Haggard skillfully used witness testimony, the evidence, and persuasion, among other legal defenses, to obtain this Dismissal.

UNLAWFUL CARRYING A WEAPON
Case No. 1353050 – Reginald B.
DISMISSED
Reggie was parking at his residence and getting out of his car when approached by police on warrants. The gun was visible in a holster on our client’s person as he was transporting it from his car to his house.

UNLAWFUL CARRYING A WEAPON
Case No. 1213607 – Mark S.
DISMISSED
Mark was carrying a gun in his car. At the time of his arrest, he was in the process of becoming certified to carry a concealed weapon but had not yet completed all of his requirements. Mr. Haggard, a strong believer in gun rights and holder of a concealed-carry license himself, was able to convince the Prosecutors of the importance of the license for our client and to obtain enough time for him to complete his requirements to obtain his concealed carry license, after which he obtained a Dismissal. This case is now eligible to be expunged.

UNLAWFUL CARRYING A WEAPON
Case No. [Expunged by Mr. Haggard.] – Marlon M.
DISMISSED
Marlon was driving his mother’s car in which she had left her gun. Our client had witnesses against him who told police he was aware of the gun’s presence in the car, as he had been boasting about it to his friends.

Mr. Haggard is a very wise man that fights hard ’til the end. He didn’t back down from the D.A.
~ Marlon M.

UNLAWFUL CARRYING A WEAPON JUVENILE CASE
Case No. 2001-106105 – Elias V.
DISMISSED ON MOTION TO SUPPRESS

UNLAWFUL CARRYING A WEAPON
Case No. 1103429 – Robert S.
DISMISSED

UNLAWFUL CARRYING A WEAPON
Case No. 1092216 – Troy W.
DISMISSED

UNLAWFUL CARRYING A WEAPON
Case No. 1067797 – Billie S.
DISMISSED

UNLAWFUL CARRYING A WEAPON
Case No. 1052772 – Donald A.
DISMISSED

UNLAWFUL CARRYING A WEAPON
Case No. 9743985 – Sicu J.
DISMISSED

UNLAWFUL CARRYING A WEAPON
Case No. 9646605 – Frank C.
DISMISSED

DISCHARGING A FIREARM IN A METROPOLITAN AREA W/ A PRIOR WEAPON CONVICTION
Case No. 1616036 – Julio H.
DISMISSED October 27, 2009
Julio had a prior weapon conviction when arrested for discharging a gun. Prior to Julio’s arrival at a party, another person had fired his gun during an altercation and driven off in a white vehicle which was reported to police. Julio arrived after this incident driving – you guessed it – a white vehicle with a loaded gun inside. An eyewitness told police Julio was the one who fired the gun. We used other eyewitness testimony to document the reason for the presence of a loaded gun in Julio’s vehicle – namely, as it so happened – he had indeed fired his gun at his friend’s ranch the day previous and had not yet removed the still-loaded gun from his vehicle. The facts were stacked against us and it did sound implausible but Mr. Haggard is highly persuasive and skilled in using evidence and witnesses to good effect. We went into this case late in the game – just in time to set it for Trial. Julio had originally hired another attorney but had lost confidence in him since he wasn’t returning his phone calls and had called no witnesses. This other attorney had advised Julio he was looking at a minimum of three mos. in jail. We advised him, “Let’s fight this and not give in.” The right attorney makes all the difference. Julio took care of his elderly parents plus had a $10,000 school loan out at Ocean Corporation which he would have lost had he been incarcerated and unable to start his classes. The risk was too great so he bailed out with the other attorney and hired HLF based on our proven success record for clients in weapons-related charges. We were ready for Trial – but the State of Texas was not ready for us.